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    • Hi All, before I start I know there are similar threads of the topic I am raising, and each, of course, has its own unique scenario, which may benefit others. My case is as follows: 1. I saw a gumtree ad on the 16th of Oct 2020 for a Mercedes E220 CDI, priced at 7,500 2. I called the seller and said I will come over on the 17th of Oct 2020 to view. 3. On the 17th of Oct 2020 I went to his place where he is working and viewed the car. He is working for a major car rental company. I checked the car and of course asked the normal things to ask e.g. any insurance write-offs, loans, accidents, etc. The seller said the car is clean etc.no loan, he had a loan but all is paid off etc. and he has the papers. 4. I negotiated the car price to 6,800 because the rims were showing some signs of damage, the rear light had a small burst, cosmetics, etc. I checked all but did not see any sign of damage to the car (it's a black car, the car was a bit dirty, and the sun was already setting in) 5. We agreed on 6,800 and decided to purchase the car. We went into his office, where I paid cash, and also got a Car Sales Invoice with all details of the seller, and a V5C green slip 6. I purchased car insurance and drove off. I asked him about Road Tax and he said Road tax is paid so I have not to worry, just need car insurance. 7. On 18th of Oct 2020 I cleaned the car interior because it was really dirty inside - it took me a few hours so decided to clean the exterior the next day 8. On the 19th of Oct 2020 I went to clean the exterior and after the car was clean I noticed some parts were resprayed. I became a bit suspicious; so on the 19th of Oct 2020 in the eve, I went on the internet and run an HPI check. The outcome from the HPI did not show any accidents, insurance write-off but an outstanding Loan with Moneybarn. At this point, I thought maybe the database is not updated, etc. 9. On the 20th of Oct 2020, morning, things were going through my mind; the seller said the car is clean, no issues, no loan since he settled all etc. but the HPI reports say there is still some outstanding loan. So what I did, I called Moneybarn, and explained the situation, and gave them the contract number as well (since it was displayed on the HPI report). They said they will send me a form by email, but they cannot share any information due to Data Protection (GDPR). fair enough I thought, but what made me boil, they said they OWN the car! So, I took the car and drove to the seller where he is working. I confronted him. He said don't worry, I will handle it, he has no time, he is very busy and bla bla bla. I said what reasons do I have to trust you, you lied, and now you say you still have a debt, etc. So I said I will not leave until he has settled the debt, or repay me my money. I also asked what is outstanding, he said around 7,000. Well, since I confronted him at his workplace he may have felt the heat, he assured he will settle all soon, I said sorry, I need a date, so I said you will settle the debt with Moneybarn by 23 Oct 2020, if not, you will refund me my money. He said Ok he will do it, so I said, since I don't trust you, you will sign a piece of paper, and sign it. On the paper, he wrote "I will clear the debt for the Mercedes by Friday" and signed it. I said I am not happy and added the debt details with contract number, and also a clause that if he fails to settle the debt with Moneybarn by Friday the 23rd of Oct 2020, he will refund me my money, 6,800, and sales of the car Mercedes, license plate, will be void. Also, I said to put an initial on each amendment I made with signature. He did, and I left. 10. On 22 Oct I sent him a message, to remind him to settle the debt by Friday 23 Oct 2020 noontime and also I outlined some legal jargon I had to sent that I received from citizensadvice. 11. On 23 Oct, morning time, I received a message from the seller, he said he will not/cannot refund me the money, not to visit him at his office or place, and that he feels threatened by me. 12. Now, the dilemma/headache; a). I received the form from Moneybarn on the 20th of Oct 2020 and I have to send it back within 7 days b). the seller send me a message he will not refund the money c). is the seller holding the title with Moneybarn or did he also buy and not knowing there is an outstanding loan on it d). did he sent the V5C to DVLA since I have the green slip? e). Shall I fill in the form and sent it to Moneybarn? f). If Moneybarn has all my details they may send someone to repossess the car? 13. I decided, I will not undertake anything yet, because my mind said, go there, confront him, park the car in front of the company since I purchased it there and signed all paperwork in their office, they will call the police, the police will come and surely will not do anything but will force me to remove the car and park somewhere else, record all on camera, take all evidence, sent to Moneybarn and at the same time to the seller's employer (when I asked him to sign a letter he will settle the debt by Friday 23rd of Oct 2020, he used a paper of the car rental company, and on the back, the logo of the rental company is displayed clearly and he may have acted on behalf of the company to sell me the car, after all, I don't know if he holds the title with Moneybarn - well, this is an excuse for me to even sue the car rental company, or blacklist him with the company he is working for since it seems he is some type of manager there and he may have acted in the capacity as a sales person to sell the car to me on behalf the company....). 14. So on the 23rd of Oct 2020, I didn't do anything like described under 13....it's not my style as such I called AWH solicitors, explained all, and they said one person is specialized in dealing with such cases and will call me back after studying my case and inform me if it is something they can fight or not. So they will call me Monday the 26th of Oct 2020. I also said I want to go now and confront the seller, but she said better wait till Monday, and if they can fight the case, they will tell me the next course of action - but my funds are limited and cannot afford a lengthy battle, because if no case against Moneybarn means I will have to sue the seller to the court which will cost me. The car has comprehensive insurance and with all this saga I added on the 20th of Oct 2020 also legal insurance on top. Lengthy story, but I am trying to be as detailed as I can, and yes I should have done an HPI before buying the car, but I am from Holland and car sales work there a bit different, and this is my first time I buy from a private seller. Well, once I have sent the form to Moneybarn, I will park the car in a garage, and at this stage, I am renting a room in a house (there is one more tenant). Since I am from Holland, I am planning a trip within 2 weeks to visit my family and I will drive down with the car and in the meanwhile wait if the solicitor can be of any help. I need some advice though, I am still planning to drive down to the seller on Tuesday after I talked with the solicitor, park the car in front of the company, and confront the seller, and try to record all. I will also try to make him sign a letter that I purchased the car in good faith from him (regardless if he holds the title with Moneybarn or not but at least I purchased in good faith from him). Evidence that I have: 1. Car sales invoice 2. Paper that I made him sign 3. Gumtree ad; I could retract this from google history, but the original add removed from gumtree. At least I can show it was advertised 4. I tried to create a history of past owners, total owners including me are 5. It seems the car was also posted on gumtree before by a company in Essex (I saw on google). The reason for doing this, it is very likely that the seller purchased the car from someone else with an outstanding loan. Since then I read a lot on the internet, so please any advice is welcome to pursue my case, I paid a lot and at least I want my money back. Also what I read so far, Moneybarn is not easy to deal with...thanks in advance for any advice I can use for my case.
    • Hi   I think you need to check not just the serial number but what Meter Point Reference Number (MPRN) as the MPRN is what is registered and energy supplier go off as well as the serial number.   So you need to see what the MPRN is as well as the energy supplier it is registered with.   If you look at this Ofgem link: https://www.ofgem.gov.uk/consumers/household-gas-and-electricity-guide/connections-and-moving-home/who-my-gas-or-electricity-supplier   In the above link to do this check it gives a link to:   Find My Supplier: https://www.findmysupplier.energy/webapp/index.html (note you may have to complete a captcha, then input your postcode only and click find my address, when the list comes up click on your exact address, you will then see you actual MPRN and the energy supplier linked to your address)   With the above make sure and take the details of the MPRN and the Energy Supplier, better still take a screenshot/pdf the webpage.   Please let use know if on doing the above it matches your current supplier?  
    • I had exactly the same issues.   Grossly over estimated bills from January onwards.  Despite what they claim, they are effectively taking an interest free loan from their customer base to keep the company in business.   They can dress it up how they like.  It’s irrelevant if they reconcile the bills the following month because they just over bill again thus keeping a rolling interest free loan.   it took two months of constant badgering to be finally moved to a fixed DD.   Once that was done I didn’t care how much they over-estimated by.   I had raised a query with the ombudsman over the billing fiasco and they readied a complaint should I wish to proceed.   I thought everything was sorted until May/June whereby I was allegedly more in debt then I was expecting to the tune of an extra months DD.   On querying it, it transpired that even though I was on a fixed monthly DD, because the bill was generated less than 5 days before the DD was due to be taken they didn’t take the DD.   They offered £5 compensation by way of apology but wanted to take two months DD in June.  I told them where to get off.   With appalling customer service,  bills that you need a Maths degree to follow, and I do have one and still struggled, inability to follow through on any agreements, constant gross over-estimation, the missed DD was the final straw and I proceeded with complaint to ombudsman.   Prior to getting to that stage I had to quote Symbio’s own complaints procedure to them to get any sort of response.   Their final offer to me was £25 goodwill and to waive an exit fee. The offer was derisory given the time it had taken to get things sorted and the continuing ineptitude.  Also, the whole thing has dragged on so long (5 months) I was already in the final 49 days of my contract and therefore there were no exit fees to pay and therefore nothing to waive.   Anyway, upshot is, ombudsman found in my favour.  Ordered an apology and a goodwill payment. Symbio appealed but were told the decision stood.   This week I received the goodwill payment.   I promptly left an honest and truthful review on trustpilot.   The next morning I received an email from Symbio with an apology.   This was followed an hour later with an email from trustpilot saying Symbio had replied to the review.  On reading the response they have accused me of not following procedure and of cyber bullying.   The company is a complete joke.
    • why not simply tell you supplier they have the wrong meter number you been paying for usage , and ofcourse you can view this online too so its not as if you'll owe anything you might get a nice surprise and find you are owed a refund.
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Lowells Statutory Demand - Ex Lloyds TSB***Set a Side by Consent***


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Have received an SD handed to me by a process server acting on behalf of BW Legal.

 

I have a loan debt of circa £12k. Last payment made in October 2009. I do however dispute the amount owed and have made a CCA request following advice on CAG which include possible PPI and charges included.

 

I was concerned that I have limited reasons to have this SD set aside and then stumbled upon this thread. I will send in and complete the required set aside documentation.

 

I have also sent an email to BW Legal which includes the following;

 

It is clear that this matter is more suited to the County Court as a Part 7 Claim rather than a bankruptcy matter. I assume that that you are aware of the ruling of Mr Justice Warren in Hammonds (a firm) v Pro-fit USA Ltd [2007] EWHC 1998(Ch) at Para 27 which confirmed that the Insolvency Court is not the place for disputed debts.

In the event that BW Legal or Lowell Portfolio do not withdraw, I will show this correspondence to the judge.

 

I received a very quick response stating that they require verification via telephone for Data Protection purposes before they will communicate via email?

 

Can anyone advise on the last point.

 

Apologies this is my first post although having been reading for days now. Any guidance is always appreciated.

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I received a very quick response stating that they require verification via telephone for Data Protection purposes before they will communicate via email?

 

 

Hmmm, I don't know why they would require to speak to you on the telephone. Who else would be emailing them ?? I will send out some S.O.S for you for those caggers who can advise.

 

 

You will be aware that you have 18 days from the date the Stat demand was handed to you, to submit your set aside to the court.

 

Although it is unlikely you will obtain the information on time, I would suggest you send a Subject Access Request to Capital One in order to obtain the data required for PPI reclaim and if there are any default charges, you can reclaim those as well. The Request will cost £10.00 and they have 40 calendar days to respond.

 

You have sent a CCA request.

 

Did you receive a Notice of Assignment from Lowells advising they had bought this account ?

 

Did you receive a Default Notice from Capital One prior to the account being sold or when you first defaulted on the account.

 

Have you been receiving Notice of Arrears from either Capone or Lowells ? You should have received at least one every year.

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Hi

 

I should clear one thing up, this is a debt for a loan from Lloyd's TSB. Guessing this is because I posted in a thread head Cap One. Love the fact they are called Capone

 

I have received lots of letters from Lowell's in recent times, but can't recall how many. Have lots going on with wife who has severe depression, trying to hold down my job and keep everything together, but don't want any sympathy, just want to make sure my wife doesn't have to deal with any idiots knocking at the door or phoning that May set her back.

 

I can't recall if I received a default notice from Lloyd's, it was a while back.

 

I will sort the SAR ASAP.

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Will amend the thread title :)

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Silverfox, thanks for alerting me to the fact that I had closed this thread. It was an error and not meant. My apologies to OP :(

 

It is reopened..

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Can you remember when the account was opened ? (don't be too specific)...certainly if it was me then I would be applying for a set aside. SAR request sent off to see what comes back, heading off BWLegal at the pass (as they certainly won't have this information). I would be pressing first that they hadn't provided a copy of the agreement, no default notice in the prescribed form, possibility of excessive charges, potentially missold PPI...and of course the agreement with the prescribed terms, statements for the duration of the account. You seem to have found some inspiration already from other threads too. At the first sign of a dispute they should be withdrawing the demand....

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Hi 42man - I believe the account may have been opened in 2006/7. I had previously claimed back PPI, but cannot recall if it was this account, but I do want to be sure that any amount outstanding in the event I have to make an arrangement to repay excludes PPI and any other punative charges that should not have been applied.

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just reviewing the documentation for setting aside the SD and following instructions on this forum, I see that I do not have a form headed 6.5 included with the documents served on me. Am I supposed to have this document or should I be collecting this from the court?

 

With regard 6.4, I do have a copy, but there is very little space to add my details.

 

Aside of the 2 page letter headed BW legal, there are 4 pages for the SD. Is this correct? I am sure I have read there should be 6 pages, however could be mistaken?

 

Any help appreciated.

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  • 2 weeks later...

Well sent off SAR request to LLoydTSB on the 9th October, sent CCA request to BW Legal on the 8th October via special delivery and noticed that it was actually signed for on the 9th October. So starting to line everything up nicely.

 

Have also completed forms 6.4 and 6.5 and about to head off to court to hand them in, retaining all copies for my records.

 

There is a lady at BW Legal who refuses to correspond with me via email without phone verification so have reviewed the Data Protection Act and cannot find anything that requires phone verification. I have stated in my email response that their own letter mentions 'all correspondence must include the letter reference' and therefore have stated that this also includes emails.

 

Am I being too bolshy?

 

It just feels all one sided at the moment....

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As a belt and braces approach, I would send Lowells a CCA request.The reason being that they own the account of the alleged debt and "should" have been supplied with the corresponding paperwork by LTSB. BW Legal are acting for Lowells and would not be required to have the paperwork although Lowells could have passed copies onto them.

 

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  • 3 weeks later...

well guys, just an update on a couple of things....

 

Yesterday (Saturday), I received my court date for the set aside hearing at my local County Court, the date being 10th Dec. A lot nervous now as I am worried I am going to have to remember all of the CCA dispute narrative. CCA request now in default. I really hope I don't trip myself up.

 

I had to briefly speak to BW Legal over the phone as they were refusing to deal with me on email. I set up a password and now I am receiving password protected emails from them. I stated that I merely wanted to deal with them on email as its the most convenient and I have a record of all correspondence...so far so good. Anyone heard of Eliza Cooper at BW Legal?

 

Have also received a note from Lloyds TSB stating they have received my SAR and are dealing with it.

 

Thanks for all of the help thus far.

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Probably one of their paralegals/litigation team, Candy. She doesn't come up on a google search which I would have expected if she were a Solicitor.

 

 

I agree that all communication should be dealt with by writing/email.

 

Perhaps type yourself up list of stuff that you need to remember.. that way you can keep a check of things :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks CitizenB......Eliza Cooper signs off her letters as a Legal Fee Earner. What the heck is that?

 

 

Legal Executives can be defined as fee earners -in private practice their work is charged directly to clients making a direct contribution to the income of a law firm.

 

I guess she could be a paralegal.. however I would have thought that is what she would sign herself off as !

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks CitizenB......Eliza Cooper signs off her letters as a Legal Fee Earner. What the heck is that?

 

I don't think she will be earning as much as usual at the moment as there are many SD's being set aside, or they are backing off quite quickly, once they know the recipient has sought professional help.

 

May this continue! :whoo:

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  • 4 weeks later...

This has been great, thanks for this. I am in a similar position and have a person called Sadia Ahmed who I am dealing with. Although she is seeming to ignore my e-mails despite Lowell saying that this matter was on hold for 60 days until they can provide the evidence.

 

Today I have received a letter with a court date for 16th December so will be reading this thread to let me know what is coming up next.

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  • 2 weeks later...

Well guys...went to court today, nervous as hell...checked in at the desk, sat down in the waiting area reviewing my notes and rehearsing what I was going to say.

 

I was then approached by a young lady who advised that she was an advocate acting on behalf of BW Legal. This is were it gets interesting, she advised that she had been instructed to set aside. I obviously was very sceptical and did not believe her. I thought she was going to stitch me up.

 

Anyway called in front of the judge. We introduced ourselves and before I could say another word the advocate advised the judge that BW Legal wanted to set aside the SD and the reason given that they had not had the time to gather all of the required information I had requested to support my set aside case.

 

The judge was a little surprised and said 'I guess that you are happy with this decision'. I was in there for a total of 4 minutes.

 

I had built this up in my mind as this being the makings of a damn awful day, but could not believe the result. I can only suggest to those concerned that it is ok to be nervous as this is a very serious issue, but if you follow the guidance on this forum, you will be off to a very good start.

 

Thank you to those on this forum who provide all of the knowledge and support that helps people like me to get a part of my sanity and dignity back :whoo:

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